A New York consumer claims in a proposed class action that Portfolio Recovery Associates, LLC misrepresented his debt dispute rights and alleged debt amount.
According to the suit, the plaintiff received a letter from the debt collector in September 2017 that listed charges supposedly owed by the man:
"Total amount of debt due at charge-off: $2,485.55 The total amount of transactions since charge-off: Interest: $0.00 Non-Interest Charges/Fees or Balance Adjustments: $0.00 Payments: $0.00 Total now due: $2.485.55"
Despite the letter’s inclusion of interest and fee line items, the complaint alleges the obligation was not accruing any such charges, and that the defendant “was not contractually entitled” to apply them. By including a zero balance of interest and non-interest charges, the defendant “misrepresented the character of the alleged debt” by suggesting they could be applied to the account at a later period, the case argues.
The complaint says the debt collector “could have avoided any confusion by not listing charges, fees, and other non-interest charges or fees in its Collection Letter at all by providing ‘N/A.’”
Moreover, the letter allegedly directed the recipient to send any dispute to the defendant’s mailing or e-mail address, which falsely implied that a dispute must be made in writing, the suit adds.
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